Coronavirus Wrongful Death Lawsuits Against Nursing Homes

In the wake of Coronavirus, nursing homes around the country have become hot spots for the novel virus. Unfortunately, some loved ones have passed away in these nursing homes due to Coronavirus. This has caused some survivor dependents to file wrongful death lawsuits against these nursing homes. 

Does Every Nursing Home Death Due to Coronavirus Mean it’s a Lawsuit?

Not exactly. Part of what makes a wrongful death lawsuit viable is there has to be a form of negligence by the nursing home. It’s a reality that the elderly are susceptible to infections. Sometimes there’s little else a nursing home can do to prevent the loss of a loved one.

What Constitutes Negligence?

Nursing homes are bounded by a duty of care to their patients. Part of this care is to ensure a healthy living environment. Negligence occurs when a nursing home acts in a way that might break that the duty of care, and because of this breakdown, it was the direct cause of death.

A few examples of negligence are:

• The nursing home did not follow proper state or federal regulations
• Inadequate and improper procedures regarding infection control
• Depending on state laws, a nursing home learned of a Coronavirus infection but did not report it to state or local authorities.
• Complete and maintain adequate records of actions taken regarding infection control 

How to File a Wrongful Death Lawsuit?

 The first step in filing a wrongful death is to find out who can actually file a lawsuit. Depending on the state, a surviving family member, spouse, or child may be eligible to file the complaint. However, most states are quite specific in who may file the claim.

In other states like New York, a wrongful death lawsuit may only be filed by a personal representative of the deceased person’s estate. Most likely, a personal representative was decided upon if there is a will. If a deceased family member does not have a personal representative, then the process becomes slightly more complicated.

Regardless of the situation, the next best step is to seek an experienced litigator who can tend to your needs. The right litigator now can help make these difficult times easier in the future.

For more information about Coronavirus wrongful death lawsuits in nursing homes, send us a message or fill out our free evaluation below.